IRCC may determine an individual misrepresented if they believe they were not truthful in an application. This can arise if a person deliberately or mistakenly provided false information on the forms or fraudulent documents. Sometimes, merely falling to disclose a previous refusal of a visa to USA, Australia or another country on an application will result in inadmissibility for Misrepresentation and a 5-year ban to Canada. Sometimes, IRCC makes an error in judgement when reviewing an application. This matter needs to be clarified in a sufficient manner to avoid the application being refused and being banned from Canada.
If you find yourself in a situation where IRCC sends you a Procedural Fairness Letter (PFL) it is extremely important to submit a detailed response with strong factual arguments. Most individuals do not appreciate the seriousness of the situation; they decide to respond before the application is refused. It is highly recommended to retain professional help to submit a proper response, as there will not be another opportunity provided later. Sometimes, a refused application will also come with serious consequences such as becoming inadmissible to Canada with a 5-year ban for misrepresentation.
Who can be found to be inadmissible for misrepresentation?
The Immigration and refugee protection Act (IRPA) set out that a foreign national or permanent resident can be found to have misrepresented for many reasons of which include:
Providing information to the Immigration, Refugee and citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete, and that as a result could create an issue with the administration of the IRPA.
Being sponsored by an individual who has been found guilty in creating a misrepresentation
Holding materials facts from the IRCC or CBSA that are relevant to the matter and that as a result could induce an error in the administration of the IRPA
Following to an end of citizenship based on a determination that this status was obtained by false representation.
Examples of a material misrepresentation
Failure to declare that you have received a refusal on a visa for another country
Providing a certain document that is found to not be genuine
Failure to mention a family member in a document
Declare employment experience which you do not have
If one engages in a non-genuine marriage
Examples of nonmaterial misrepresentation
Reversing the date or month of your birth on an application
Indicating being single in case of widowed
Providing the correct information on all the forms except one
Therefore, if by any chance you received a Procedural Fairness Letter, it is recommended to retain a professional to prepare a strong and sufficient response.
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